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GS Paper: GS2

  •  Katchatheevu | What is the controversy all about?

    Why in the news? 

    Katchatheevu Island, a disputed stretch in the Palk Strait, was ceded to Sri Lanka during late PM Indira Gandhi, through an agreement.

    • Fifty years later, PM Modi, has mounted an attack on the Congress and DMK for ‘callously’ giving it away to Sri Lanka.

    About the Katchatheevu  Island:

    • Katchatheevu is an uninhabited area in the Palk Strait, between India and Sri Lanka.  It was created due to volcanic eruption in the 14th century and is comparatively youthful in the realm of geological chronology.
    • Historically, it was controlled by the Jaffna kingdom of Sri Lanka in the medieval period.
    • However, in the 17th century, control passed to the Ramnad zamindari based out of Ramanathapuram, about 55 km northwest of Rameswaram.
    • The Island became part of the Madras Presidency during the British Raj. But in 1921, both India and Sri Lanka, at the time were British colonies and claimed Katchatheevu to determine fishing boundaries.
    • A British delegation from India challenged this, citing ownership of the island by the Ramnad kingdom. This dispute was not settled until 1974.

    Indo-Sri Lankan Maritime Agreement of 1974:

    • In 1974, the Indian government, led by Indira Gandhi at the time, endeavored to definitively resolve the maritime border between India and Sri Lanka.
    • As a component of this arrangement, termed the ‘Indo-Sri Lankan Maritime agreement’, Katchatheevu was relinquished to Sri Lanka.
    • During this period, it was perceived that the island held minimal strategic significance, and relinquishing India’s claim over it was anticipated to foster stronger relations with its southern neighbor.
    • Limitations of the Agreement of 1974:
      • Issue of fishing rights: The 1974 agreement failed to address the issue of fishing rights. Sri Lanka interpreted the access of Indian fishermen to Katchatheevu as being restricted solely to activities such as resting, drying nets, and visiting the Catholic shrine, without the requirement of a visa.
      • The issue concerning EEZ: Further agreement was reached between the two countries, prohibiting fishing within each other’s Exclusive Economic Zones (EEZs).
      • However, the proximity of Katchatheevu to the edges of both countries’ EEZs left unresolved questions regarding fishing rights, contributing to ongoing uncertainty.

     

    India’s stand on the Kachchatheevu issue:

    • August 2013: The Union government informed the Supreme Court that the question of reclaiming Kachchatheevu from Sri Lanka did not arise because no Indian territory was ceded to Sri Lanka. Moreover, it was historically disputed territory between British India and Ceylon (now Sri Lanka), and the matter was settled through agreements in 1974 and 1976.
    • December 2022: The Union government reiterated the stance, emphasizing that Katchatheevu lies on the Sri Lankan side of the India-Sri Lanka International Maritime Boundary Line as per the agreements. Additionally, it mentioned that the matter was under judicial consideration in the Supreme Court.

    Conclusion: The recent mention of Katchatheevu by Prime Minister Modi ahead of elections in Tamil Nadu highlights its contentious nature. To address fishermen’s issues, diplomatic dialogue and legal clarity are crucial.

    Mains PYQ

    Q What are the maritime security challenges in India? Discuss the organizational, technical, and procedural initiatives taken to improve maritime security. (UPSC IAS/2022)

  • In news: Central Administrative Tribunal (CAT)

    Why in the News?

    • The Allahabad High Court clarified the appellate jurisdiction concerning orders issued by the Central Administrative Tribunal (CAT) in contempt proceedings.
    • The court ruled that appeals against CAT contempt orders must be filed exclusively before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.

    What is Central Administrative Tribunal (CAT)?

    • The CAT is a specialized quasi-judicial body in India established under Article 323-A of the Constitution of India.
    • Its primary function is to adjudicate disputes and complaints related to recruitment and service conditions of government employees.
    • CAT was set up to provide a speedy and inexpensive remedy to government employees in matters concerning their service conditions and employment disputes.

    Establishment of CAT:

    • The Administrative Tribunals Act in 1985 enacted by the Parliament authorizes the central government to establish Central Administrative Tribunal and the State Administrative Tribunals.
    • There are 17 Benches and 21 Circuit Benches in the Central Administrative Tribunal all over India.

    Jurisdiction of CAT:

    • The Administrative Tribunal is distinguishable from the ordinary courts with regard to its jurisdiction and procedure.
    • It exercises jurisdiction only about the service matters of the parties covered by the Act.
    • CAT exercises jurisdiction over all service matters concerning the following:
    1. A member of any All-India Service
    2. A person appointed to any civil service of the Union or any civil post under the Union
    3. A civilian appointed to any defence services or a post connected with defence

    Services NOT Covered:

    The following members are NOT covered under the jurisdiction of CAT:

    1. Defense forces, Officers,
    2. The staff of the Supreme Court and
    3. Secretarial staff of the Parliament.

    Procedure:

    • The CAT is guided by the principles of natural justice in deciding cases and is NOT bound by the procedure, prescribed by the Civil Procedure Code.
    • It is empowered to frame its own rules of procedure and practice.
    • Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.

    Composition:

    • The CAT comprises of a chairman, and other members who are appointed by the President of India.
    • The membership of CAT is filled by members from judicial and administrative fields.
    • The term of the service is 5 years or until the age of 65 years for chairman; 62 years for members, whichever is earlier. (minimum age is 50 years)
    • The chairman or any other member may address his resignation to the President in between his term of office.

     

    PYQ:

    2019: The Central Administrative Tribunal (CAT) which was established for redressal of grievances and complaints by or against central government employees nowadays is exercising its power as an independent judicial authority. Explain.

     

    Practice MCQ:

    Consider the following statements about the Central Administrative Tribunal (CAT):

    1.    The CAT is a specialized quasi-judicial body.

    2.    It adjudicates disputes and complaints related to recruitment and service conditions of government employees.

    3.    Personnel of the armed forces are covered in the jurisdiction of CAT.

    How many of the above statements is/are correct?

    (a) One

    (b) Two

    (c) Three

    (d) None

  • The ART of India’s HIV/AIDS response

    Why in the news? 

    On April 1, 2004, the Indian government launched Free Antiretroviral Therapy (ART) for Persons living with HIV (PLHIV). This decision has been one of the most successful .

    Emergence of HIV drugs

    • First Antiretroviral Drug Approval: In March 1987, the US FDA approved the first antiretroviral drug, AZT (zidovudine), offering a glimmer of hope for treatment.
    • Additional Drug Approvals: Three more antiretroviral drugs were approved shortly after in 1988, expanding treatment options for HIV/AIDS patients.
    • Introduction of Protease Inhibitors: A significant milestone occurred in 1995 with the introduction of protease inhibitors, a new class of antiretroviral drugs.

    The evolution to free ART

    • Millennium Summit Declaration: In 2000, world leaders at the UN General Assembly’s Millennium Summit set a goal to stop and reverse the spread of HIV.
    • Formation of the Global Fund: The Global Fund to Fight AIDS, Tuberculosis, and Malaria was established in 2002, advocating for universal access to HIV prevention, treatment, care, and support services.
    • High HIV Prevalence in India: In 2004, India had an estimated 5.1 million PLHIV, with a population prevalence of 0.4%. However, very few were receiving ART, with only 7,000 PLHIV on treatment by the end of the year.
    • Free ART Initiative: The Indian government’s decision to provide free ART to all adults living with HIV in 2004 was groundbreaking. This initiative aimed to address the barriers of cost and geographical access to treatment.
    • Expansion of ART Facilities: Over two decades, the number of ART centers in India expanded significantly, from less than 10 to around 700. Additionally, 1,264 Link ART centers have provided free ART drugs to approximately 1.8 million PLHIV.
    • ART Eligibility Criteria Evolution: The criteria for initiating ART evolved over the years, starting from CD4 count less than 200 cells/mm3 in 2004, to less than 350 cells/mm3 in 2011, and less than 500 cells/mm3 in 2016. Finally, in 2017, the “Treat All” approach was adopted, initiating ART regardless of CD4 count.
    • Rapid ART Initiation Policy: In 2021, India adopted a policy of rapid ART initiation, starting individuals on treatment within seven days of HIV diagnosis, and sometimes even on the same day. This swift initiation aimed to improve treatment outcomes and prevent transmission.
    • Complementary initiatives  to stop the HIV epidemic: Provision of free diagnostic facilities; attention on prevention of parent to child transmission of HIV (PPTCT) services; prevention, diagnosis and management of opportunistic infections including management of co-infections such as tuberculosis (TB).

    Objectives of India’s National AIDS Control Programme (NACP) phase 5 by 2025

    Ambitious 95-95-95 Targets: The NACP phase 5 sets ambitious targets known as the 95-95-95 targets, aligned with global targets agreed upon by UNAIDS. These targets aim for:

    • 95% of all people living with HIV to know their HIV status.
    • 95% of all people diagnosed with HIV infection to receive sustained antiretroviral therapy (ART).
    • 95% of all people receiving antiretroviral therapy to achieve viral suppression.
    • These targets are aligned with global targets agreed by the UNAIDS.

    Challenges 

    • Delayed Enrolment to ART Facilities:  Late presentation poses challenges to timely initiation of treatment and optimal disease management.
    • Missed doses : Patients often start feeling better after initiating ART, leading to missed doses or discontinuation of treatment that lead to drug resistance

    Measures  

    • Sustained Supply and Availability of ART: Ensuring consistent and uninterrupted access to ART drugs across all regions of the country
    • Private Sector Engagement: Enhancing engagement with the private sector in the care of PLHIV .
    • Training and Capacity Building: Continuous training and capacity building of healthcare staff are essential to  ensure high-quality service delivery.
    • Integration with Other Health Programs: Strengthening integration with other health programs, such as hepatitis, non-communicable diseases (NCDs

    Conclusion

    India’s ART initiative, launched in 2004, has been pivotal in combating HIV/AIDS. With evolving criteria, rapid initiation policies, and ambitious targets, challenges persist, but measures like sustained supply, private sector engagement, and training are being implemented.

    Mains PYQ

    Q What are the research and developmental achievements in applied biotechnology? How will these achievements help to uplift the poorer sections of the society? ( UPSC IAS/2021) 

  • Workers, not tech, should be state’s priority

    Why in the news? 

    The Aadhaar-Based Payment System (ABPS) has attracted significant attention, mainly because of the many difficulties it encounters

    What is Aadhaar-Based Payment System (ABPS)?

    • The Aadhaar-Based Payment System (ABPS) is a unique payment system that utilizes the Aadhaar number as a central key for electronically channelizing government payments

    Aim of ABPS

    • Objective: Provide socio-economically deprived households with work security facilitated by digital technology.
    • Rooted in ideals: Inclusion in the development process, mitigation of inequality and socioeconomic distress.
    • Recognition: Internationally recognized, such as by the United Nations Development Programme, for contributing to a productive, equitable, and connected society.

    Key challenges related to The Aadhaar-Based Payment System (ABPS):

    • Internet Connectivity Issues: Accessibility to stable internet connections in rural areas poses a challenge for implementing the ABPS effectively.
    • Fingerprint Recognition Problems: The ABPS relies on fingerprint recognition for authentication, but issues with fingerprint recognition can hinder the smooth functioning of the system.
    • Difficulties Faced by the Disabled: The system may not be accommodating to individuals with disabilities, leading to exclusion or difficulties in accessing benefits.
    • Unrecorded Working Days: There are instances where the system fails to record the days of work performed by individuals, leading to discrepancies in payment.
    • Name Duplication: Duplicate entries in the system can lead to confusion and errors in identifying beneficiaries and processing payments.
    • Lack of Awareness: Insufficient awareness among beneficiaries about the ABPS and its processes can result in underutilization or misuse of the system.
    • Errors in Linking and Authentication: Issues may arise during the linking of Aadhaar details with the payment system, leading to authentication errors and payment delays.

    Potential of (ABPS) technology 

    • Progressive Principles: Technology has the potential to serve progressive principles globally and historically, contributing to the advancement of societies.
    • Alignment with Sustainable Development Goals (SDGs): Technological interventions can play a crucial role in achieving the SDGs, with rural employment guarantee schemes in India serving as effective pathways towards several SDGs, both directly and indirectly.
    • Effective Utilization of Budgetary Allocation: The substantial budgetary allocation to schemes like MGNREGS should be channeled through a technologically sound system to ensure efficient utilization of funds.

    Conclusion

    The Aadhaar-Based Payment System faces numerous challenges, highlighting the need for prioritizing workers over technology. While technology holds potential, its alignment with socio-economic goals must ensure inclusivity, efficiency, and effective utilization of resources.

    Practice Question for mains 

    Q  Examine the objectives, challenges, and potential of the Aadhaar-Based Payment System (ABPS) in India. (150 words )

  • The legal issues surrounding Arvind Kejriwal’s arrest | Explained

    Why in the news? 

    A Delhi Court on Thursday extended the Enforcement Directorate’s (ED) custody of Delhi Chief Minister Arvind Kejriwal till April 1 in the money laundering case

    Context

    Mr Kejriwal was arrested on March 21, hours after his plea for interim protection from arrest was rejected by the Delhi High Court. This is the first instance of a Chief Minister in India being put behind bars while still in office.

    ED’s allegations against the Chief Minister

    • Influence on Elections: The ED contends that Money  received by AAP leaders from operators of alcohol businesses were used to influence the 2022 Assembly elections in Punjab and Goa.
    • Favours to South Group: The excise policy was allegedly drafted with the intention of granting favors to the South Group

     Legal issues  

    • Potential Involvement of AAP: If Kejriwal’s vicarious liability (This principle holds a person responsible for the actions of others, based on the concept of agency) is established, AAP could be impleaded as an accused in the case. This could lead to the attachment or confiscation of the party’s assets under the provisions of the Prevention of Money Laundering Act, 2002 (PMLA).
    • Application of Section 70 of the PMLA: This section is often invoked to investigate companies involved in money laundering offenses. It holds individuals responsible if they were in charge or responsible for the company at the time of the offense. However, individuals may not be prosecuted if they can prove lack of knowledge or due diligence to prevent the offense.
    • Definition of “Company”: Explanation 1 of Section 70 of the PMLA defines “company” broadly to include any body corporate, firm, or association of individuals. This could potentially encompass a political party under the definition, as per the Representation of the People Act, 1951.

    What is (PML) Prevention of Money-Laundering Act, 2002 Act? 

    An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto.

     Reliance on approver’s testimony

    • Definition of an Approver testimony: An approver is someone who has been charged with a crime but later confesses and agrees to testify for the prosecution.
    • Potential Consequences of False Deposition: An approver who provides false testimony can be retried for the offense for which the pardon was granted, according to Section 308 of the CrPC. This provision acts as a deterrent against perjury by the approver.
    • Caution in Reliance: Courts exercise caution when relying on the testimony of an approver due to its inherently suspect nature. The testimony of an accomplice is considered tainted, and courts are wary of potential biases or falsehoods.
    • Corroboration Requirement: To ensure the reliability of the approver’s testimony, corroboration from independent evidence is typically required.
    • Judicial Precedents: The Supreme Court, in cases like Mrinal Das and Ors. v. State of Tripura (2011), has emphasized the importance of corroborative evidence in convicting the accused based on the testimony of an approver.
    • Judicial Scrutiny: Courts meticulously scrutinize the testimony of an approver and assess its credibility in light of corroborative evidence and other factors.

    Conclusion 

    Arvind Kejriwal’s arrest in a money laundering case raises legal complexities, including potential involvement of AAP, application of PMLA, and reliance on approver’s testimony, necessitating cautious judicial scrutiny.

    Mains PYQ 

    Q Money laundering poses a serious security threat to a country’s economic sovereignty. What is its significance for India and what steps are required to be taken to control this menace? (UPSC IAS/2013) 

  • Katchatheevu Island Conundrum

    Why in the news?

    Prime Minister recently claimed that the then PM Indira Gandhi had given away the island of Katchatheevu to Sri Lanka for no reason.

    About Katchatheevu Island

    • Katchatheevu is a small, uninhabited island measuring merely 285 acres, lying between India and Sri Lanka.
    • It is situated in the Palk Strait.
    • It was originally owned by the king of Ramnad (present-day Ramanathapuram, Tamil Nadu).
    • The island is used by fishermen to dry their nets.
    • Despite its modest size, the island holds significant religious significance, housing Anthony’s church, a centuries-old Catholic shrine revered by devotees from both nations.
    • Beyond its religious connotations, Katchatheevu is a vital ecosystem, supporting diverse flora and fauna endemic to the region’s maritime environment.

    A Quick Recap of its History

    • During the British rule, it was administered jointly by India and Sri Lanka.
    • In the early 20th century, Sri Lanka claimed territorial ownership over the islet.
    • India ceded the island to Sri Lanka, through a joint agreement in 1974; India further gave up its fishing rights in the region in 1976.

    Present Issue

    • In 1974 and 1976 treaties were signed between the two countries to demarcate the International Maritime Boundary Line (IMBL).
    • However, the agreement could not stop the fishermen from fishing in these waters, as fishermen know no boundary.

    Culmination of the Political Dispute

    • Unresolved Issue: While Indian fishermen retained certain access rights to the island, the agreements failed to address key concerns regarding fishing rights, leading to simmering discontent among fishing communities.
    • Sri Lankan Atrocities: The civil war in Sri Lanka overshadowed the Katchatheevu issue, with Indian fishermen facing arrests and allegations of mistreatment by the Sri Lankan navy.
    • Renewed Demands: Instances of fishermen’s rights violations reignited calls for the retrieval of Katchatheevu by Tamil Nadu politicians, who highlighted the plight of affected fishing communities.
    • Present Backlash: The agreement sparked widespread protests and political backlash in Tamil Nadu, with regional parties and activists condemning the perceived abandonment of Indian sovereignty over Katchatheevu.

    PYQ:

    Consider the following statements:

    1.    The value of Indo-Sri Lanka trade has consistently increased in the last decade.

    2.    “Textile and textile articles” constitute an important item of trade between India and Bangladesh.

    3.    In the last five years, Nepal has been the largest trading partner of India in South Asia.

    Which of the statements given above is/are correct? (2020)

    (a) 1 and 2 only

    (b) 2 only

    (c) 2 only

    (d) 3 only

     

    Practice MCQ:

    With reference to the Katchatheevu Island recently seen in news, consider the following statements:

    1.    During the British rule, it was administered by India.

    2.    India ceded the island to Sri Lanka, through a joint agreement in 1974 but holds fishing rights in the region.

    Which of the given statements is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2
  • [30 March 2024] The Hindu Op-ed: Bonds, big money, and an imperfect democracy

    [30 March 2024] The Hindu Op-ed: Bonds, big money, and an imperfect democracy

    PYQ Relevance:Mains: 

    Q) ‘Simultaneous election to the Lok Sabha and the State Assemblies will limit the amount of time and money spent in electioneering but it will reduce the government’s accountability to the people’ Discuss. (UPSC CSE 2017) 

    Q) In light of the recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?  (UPSC CSE 2018) 

    Prelims:

    Q) Under the Constitution of India, which one of the following is not a fundamental duty? (UPSC CSE 2011) 

    a) To vote in public elections
    b) To develop the scientific temper
    c) To safeguard public property
    d) To abide by the Constitution and respect its ideals

    Note4Students: 

    Prelims: Polity; Elections;  Electoral Bonds Scheme;

    Mains: Polity; Elections; Judicial Interventions;  Electoral Bonds Scheme;

    Mentors Comment: Representative democracy is a political system in which citizens of a country vote for representatives to handle legislation on their behalf. But perhaps India too is in some doubtful situation when the debate revolves around the Election 2024 or our version of present democracy. Recently, we have been through various news discussions on the Electoral Bonds Scheme which was introduced to cut down illegal funds in Party Politics, and its Campaigning pillared on black money. However, beyond curbing the wrong actions, the Electoral Bond Scheme also has another side which is a threat to our Democratic principles. Today’s Editorial also works on the same topic.

    Let’s learn. 

    —

    Why in the News?

    The Recent Judgement passed by our Supreme Court on the Electoral Bonds Scheme needs to be revisited in the Political domain too. 

    • If this picture is seen from a broader perspective, in a well-functioning democracy, fighting an election would need neither extravagant funding nor Electoral Bonds to be bought in secrecy.

    Context:

    • Elections continue to be fought with an increasingly larger amount of illegal funds being spent by political parties and candidates.
    • According to the SC the Electoral Bonds Scheme violates the Right to Information and Freedom of Speech and Expression under Article 19(1)(a) of the Constitution. It can lead to quid pro quo. The court ruled that the amendment to the Companies Act which allows blanket corporate political funding is unconstitutional.
    • This was supposed to end the financing of elections with black money. If this had happened, Indian politics would have been transformed with great benefit to the nation. After all, illegal finance results in the control of politics subverting our Democracy. 

    The gaps between the professed and the actual scenario of Indian politics:

    • Faraway from Democratic values: Elected leaders, usually serve the interests of those who finance their elections, and hardly represent the interests of their constituency. This gap between the professed and the actual undermines democracy since the government is no longer an entity ‘of the people, by the people, and for the people’. 
    • Vested interests as national interests: The vested interests corner most of the gains from development. It is in the design of the policies the packaging is cleverly done to make policies appear to be in the national interest. 
    • Widening of the Rich-poor Gap: Concessions are granted to private businesses to provide basic services like Health and Education through the market which results in the inability of the poor to afford them while simultaneously leading to growing disparities. This also reduces the availability of resources to the public sector.

    The Challenge of Money and the Election:

    • Representation issue: Voting is often not based on a candidate’s performance but on attributes such as caste, community, and region. Hence, political parties slice and dice the electorate along these lines. Vote banks are cultivated and the constituents are bribed just before an election.
    • Campaigning through illegal funds: Campaigning is conducted by paid workers and crowds are mobilized to attend rallies and meetings using money, transportation, and food. All this requires a lot of money far more than the permitted election expenditure limit of ₹95 lakh for a big parliamentary constituency. 
    • An issue with the Electoral Bonds Scheme: It enabled a bribe to be given in white for favors done. Since, only big businesses could contribute for big sums, their influence and manipulations were increased.
      • Secondly, the party obtaining funds could use them for all kinds of purposes and not necessarily for elections, such as setting up offices or destabilizing Opposition-led governments. Thus, the name electoral bonds was inappropriate.
    • Cronyism uncovered: The data show that funds were given to political parties for favors from policymakers; to escape prosecution for wrongdoing, and as an investment for the future. The data provided by the State Bank of India shows the quid pro quo in the case of some of the donations made. 

    Way Forward:

    • Need for a level-playing field: The political parties should not discriminate based on their vote share popularity or religion. This will enable the smaller and regional parties to compete with the ruling party and the major opposition parties on an equal footing and offer a genuine choice to the voters.
    • Need to reduce Money Influence: There is a need to curb the influence of money and corporate power in politics. The donors should no longer be able to hide their identity and agenda behind the veil of anonymity.

    Conclusion: The Electoral Bonds Scheme only highlights the growing weakness of Indian democracy. In a well-functioning democracy, where the political leadership is accountable, fighting an election would need neither big funding nor electoral bonds to be bought in secrecy. 

    https://www.thehindu.com/opinion/lead/bonds-big-money-and-an-imperfect-democracy/article68006688.ece

  • MHA extends FCRA Registration of NGOs

    Why in the news?

    The Ministry of Home Affairs extended till June 30 the validity of all FCRA registered NGOs whose licences are expiring on March 31.

    What is Foreign Contribution Regulation Act (FCRA)?

    • The FCRA regulates foreign donations and ensures that such contributions do not adversely affect internal security.
    • First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
    • The FCRA is applicable to all associations, groups and NGOs which intend to receive foreign donations.
    • It is mandatory for all such NGOs to register themselves under the FCRA.
    • The registration is initially valid for 5 years and it can be renewed subsequently if they comply with all norms.

    What contributes to Foreign Donations?

    • Foreign Contribution’ means the donation, delivery or transfer made by any foreign source of any:
    1. Article (whose market value is not more than one lakh rupees);
    2. Currency (whether Indian or foreign);
    3. Securities
    • Foreign donations may be those from Governments, international agencies, foreign companies, trusts, corporations, foreign citizens
    • However, some agencies like the UN, World Bank, IMF etc. are EXEMPTED from the definition of foreign donors.

    Who cannot accept donations under FCRA?

    According to the FCRA, foreign donations cannot be accepted by:

    1. Election candidates
    2. Editors and publishers of newspapers
    3. Judges and government employees.
    4. Political parties and members of legislature etc.

    What was the recent Amendment?

    The FCRA was amended in September 2020 to introduce some new restrictions:

    • There is now a capping of the administrative expenses of NGOs at 20% of their foreign donations.
    • The new amendment requires them to have a State Bank of India account at a Delhi Branch.
    • It also prohibits the transfer of grants received under FCRA to any other outfit.
    • It also gives sweeping powers to the Ministry of Home Affairs to cancel the FCRA certificate of an NGO.
    • It made legal for political parties to accept foreign aid through Indian subsidiaries.
    • Under the Act, the government may suspend the registration of a person for a period not exceeding 180 days.
    • Providing Aadhar is mandatory for all office bearers, directors or key functionaries of the organization.

     

    PYQ:

    2015: Examine critically the recent changes in the rule governing foreign funding of NGOs under the Foreign Contribution (Regulation) Act (FCRA), 1976.

     

    2015: How can be the role of NGOs be strengthened in India for development works relating to protection of the Environment? Discuss throwing light on the major constraints.

     

    Practice MCQ:

    Consider the following statements regarding “Foreign Contribution (regulation) Act”:

    1.    World Bank is excluded from the definition of foreign sources under the act.

    2.    Political parties are prohibited from taking foreign donations under the act.

    Which of the statements given above is/are correct?

    (a) Only 1

    (b) Only 2

    (c) Both 1 and 2

    (d) Neither 1 nor 2

  • What explains the frequent disagreements between state governments and Governors?

     Why in the news? 

    Allegations by the regional government (Recently Kerala govt.) on the Centre using the Governor’s position to destabilize state governments have been made since the 1950s. This calls for Governor-state relations.

    What is the law on Governor-state relations?

    • The Governor, although meant to be apolitical and act on the advice of the council of ministers, holds significant powers granted under the Constitution. 
    • These include giving or withholding assent to bills passed by the state legislature and determining the time needed for a party to prove its majority in cases of a hung verdict in an election.
    • While the Constitution grants powers to the Governor, there are no specific provisions on how the Governor and the state government should publicly engage when there is a difference of opinion.

    What have been the friction points in recent years?

    • Controversial Actions: Some actions by governors have sparked controversy, such as dissolving assemblies amidst government formation discussions (Jammu and Kashmir), and inviting leaders without public consultation (Maharashtra) this government lasted just 80 hours. And Six months later, the Governor refused to nominate CM Uddhav Thackeray.
    • Interference in State Affairs: Governors have been criticized for allegedly interfering in state affairs, including commenting on law and order situations (West Bengal), and refusing requests from state governments (Kerala) regarding legislative matters.
    • Legal Challenges: Some decisions made by governors have faced legal challenges, such as the invitation to the BJP to form the government in Karnataka, which was challenged and subsequently modified by the Supreme Court.

    Dismissal after independence:

    • Dismissals in the 1950s: Allegations of the Centre using the Governor’s position to destabilize state governments date back to the 1950s. In 1959, Kerala’s E M S Namboodiripad government was dismissed based on a report by the Governor.
    • Dismissals in the Post-1960s: Several state governments were dismissed between 1965 and 1990 through President’s Rule orders issued by Governors. These dismissals included governments such as Birender Singh in Haryana (1967), M Karunanidhi in Tamil Nadu (1976), and N T Rama Rao in Andhra Pradesh (1984).
    • Decrease in Dismissals: The frequency of state government dismissals decreased during the coalition era at the Centre and the emergence of strong regional parties. This suggests a shift in political dynamics and possibly less direct interference by the Centre through Governors in state politics.

    Causes of such Governor-State Frictions:

    • Answerable only to the Centre: The Governor is not directly accountable to the people and is answerable only to the Centre. 
    • Appointment and Tenure: The Governor is appointed by the President on the Centre’s advice and holds office at the pleasure of the President. Although the tenure is typically five years 
    • Lack of Impeachment Provision: There is no provision for impeaching the Governor, further limiting mechanisms for holding them accountable.
    • Absence of Guidelines: The Constitution does not provide clear guidelines for the exercise of the Governor’s powers, including the appointment of a Chief Minister or the dissolution of the Assembly. Additionally, there are no limits set for how long a Governor can withhold assent to a Bill, raising questions about arbitrary use of power.
    • Governor as Agent of the Centre: The National Commission to Review the Working of the Constitution highlighted concerns that Governors may act in accordance with instructions from the Union Council of Ministers, leading to perceptions that they are “agents of the Centre.”

    Reform suggested by the ARC of 1968 to the Sarkaria Commission of 1988:

    • Selection Process: Establishing a panel consisting of the Prime Minister, Home Minister, Lok Sabha Speaker, and Chief Minister to select Governors. 
    • Fixed Tenure: Recommendations advocate for fixing the Governor’s tenure for five years. 
    • Impeachment Provision: Suggestions include introducing a provision to impeach the Governor by the State Assembly. 

    Conclusion: Governors often side with the central government and aren’t accountable enough. Kerala’s case shows a problem with the law. Proposed changes aim to make things clearer and fairer.

    Mains PYQs

    Q  Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC IAS/2022)

    Q Whether the Supreme Court Judgement (July 2018) can settle the political tussle between the Lt. Governor and elected government of Delhi? Examine. (UPSC IAS/2018)

     https://indianexpress.com/article/explained/state-government-governors-powers-disagreements-9240141/

     

  • Advisory boards under preventive detention laws are not rubber stamps for the government: Supreme Court

    Why in the news? 

    Recently  SCt said that advisory boards should act like a safety net, protecting people’s freedom from the government’s arbitrary use of power. 

    • They need to make sure there’s a balance between the government’s actions and people’s right to be free.

    About Advisory Board:

    • Article 22 of the Constitution makes it mandatory for preventive detention laws to form advisory boards consisting of persons qualified to be High Court judges.
    • Objective: It must consider whether the detention is necessary not just in the eyes of the detaining authority but also in the eyes of the law.
    • Case Background: The judgment came in an appeal filed by a man ordered by the Telangana police to be detained as a ‘goonda’ under the Telangana Prevention of Dangerous Activities Act, 1986.
    • The claim by Telangana police: The man was a threat to “public order”. He was a cause of panic and fear among women. The appellant was accused of making a habit of snatching the ‘mangalsutras’ of his victims in broad daylight.

    SC on the Appeal filed under the Telangana Prevention of Dangerous Activities Act, 1986:

    • Qualifications of Advisory Board Members: Justice Pardiwala emphasized that having qualified individuals, potentially fit to become High Court judges, on advisory boards was crucial. This ensures robust scrutiny of government detention orders.
    • Responsibilities of Advisory Boards: These boards, mandated by various laws, are required to review detention orders every three months. 
    • Substantial Evidence to justify detention: Justice Pardiwala highlighted the unfairness of depriving someone of their Personal Liberty based merely on the assumption that they might commit a crime in the future. He stressed the importance of substantial evidence to justify detention.
    • Absence of Evidence of Threat to Public Order: The Supreme Court observed that the state failed to provide sufficient material indicating that the detained individual posed a genuine threat to public order. Specifically, there was no substantial evidence linking him to activities that could disrupt public order.

    The distinction between ‘Public order’ and ‘Law and Order’, and the Preventive Detention 

    • Differentiating ‘Public Order’ and ‘Law and Order’: Justice Pardiwala highlighted the distinction between ‘law and order’ issues, which affect only a few individuals, and ‘public order’ concerns, which have a broader impact on the community or even the entire country.
    • Limitations on Preventive Detention: The SC emphasized that preventive detention should only be utilized in exceptional circumstances.  
    • Quashing of Detention Order: Justice Pardiwala ordered the quashing of the detention order against the appellant based on the absence of his direct involvement in any of the First Information Reports (FIRs).  

    Conclusion: The Supreme Court emphasizes advisory boards in preventive detention laws aren’t mere rubber stamps for the government but safeguards for personal liberty. They must ensure the necessity of detention, backed by substantial evidence, and limit preventive detention to exceptional circumstances.

    Mains question for practice

    Q Discuss the recent Supreme Court ruling emphasizing the role of advisory boards in preventive detention laws ( 150 words )